Thanks for asking, thanks for caring about Antioch.
In order to follow the faculty lawsuit, you kind of need a blow-by-blow.
When we re-filed the suit, we included a motion for a preliminary injunction which would prevent AU from selling anything while the suit was in process. The suit includes a permanent injunction, to be imposed if we win the suit.
The judge decided to have an evidentiary hearing (on April 1) to help him rule on the preliminary injunction.
On Wednesday, 26 March AU deposed Bob Devine. Bob did a great job! Nothing was brought out that we don’t already know about.
On Wednesday, ACCC presented a motion to not be deposed (in Xenia, OH). Our lawyer moved they should be deposed.
On Thursday, 27 March we deposed Paula Trichler (BOT member and friend of the College). On Thursday, 27 March the judge allowed ACCC to avoid the deposition. I haven’t had time to read Paula’s deposition, but I have been told that not much was learned that we don’t already know about.
Without the ACCC deposition we decided we couldn’t go forward, so on Friday, 28 March we withdrew our motion for a preliminary injunction, leaving in place our suit for a permanent injunction. That eliminated the evidentiary hearing on April 1.
On Monday, March 31, the judge ruled that we have 14 days to file an amended suit without the preliminary injunction, and AU has 14 days to file a response. So that’s where things stand right now with the faculty lawsuit.
Why did ACCC ask not to be deposed? Maybe because they knew the GROUND WAS ABOUT TO SHAKE! Lawsuits need clarity in order to suceed, and April 1 would have been a terrible time for us to be in court, because so much shaking was going on.
On Friday, 28 March, at 12 noon, a press release from ACCC came out stating that ACCC was stopping negotiations to buy the College, but would do a deal of $10 million for 10 seats on the BOT.
On Friday 28 March at 3:04 PM Lynda Sirk sent out a 3 page press release announcing that AU was not suprised that negotiations were not successful, that AU had negotiated in GREAT GOOD FAITH, but ACCC was just not up to the task, that the College was a broken pile of junk, and that AU would fix things in 2012, just as AU had told the world when they announced the closing in June. Don’t worry, the good AU angel has everything under control. Sirk’s press release included lots of details, and totally broke the confidentiality agreement, which means ACCC can now give details of negotiations.
Then on Saturday, March 29, Lynda Sirk and Mary Lou LaPierre sent out a press release stating that AU was selling the College to anyone who could come up with $12.2 million. Absolutely amazing! That was covered in SW Ohio Sunday papers and the Seattle Times, and resulted in a great student mock-up of an e-bay page with the college up for sale.
Then on Monday, March 31, AU said the College wasn’t for sale to the general public, just to alumni.
Amidst such turmoil it is really good that we didn’t end up in court on April 1.
My guess is that ACCC knew there was going to be huge changes just before April 1, and that it would be hard for us to put on a good case in the midst of all those changes.
So where are we? Making motions and going through normal court processes. The next thing, in about 6 weeks, will be more depositions.
